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HomeMy WebLinkAboutReso 109-84 ScarlettCtStormAD JHHW:JLN:cp 08/30/84 0672N :ld 09~04~84 RESOLUTION NO. 109-84 A RESOLUTION OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS SCARLETT COURT STORM DRAIN FACILITIES ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Dublin, County of Alameda, California, that the public interest, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements described in Exhibit "A" attached hereto and made a part hereof. 1. Except as herein otherwise provided for the issuance of bonds, all of said work shall be done as provided in the Municipal Improvement Act of 1913. 2. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work is shown on said plans to be done therein. Said streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County of Alameda, State of California, and shall be shown upon said plans. 3. Not~ce ~s hereby g~ven of the fact that ~n many cases sa~d work and improvements will bring the f~n~shed work to a grade different from that formerly e×~st~ng, and that to sa~d extent said grades are hereby changed and that sa~d work w~ll be done to said changed grades. 4. In cases where there is any disparity ~n level or s~ze between the improvements proposed to be made here~n and private property and where ~t is more economical to eliminate such disparity by work on said private property than by adjustment of the work on Public property, ~t is hereby determined that it ~s ~n the public ~nterest and more economical to do such work on private property to eliminate such d~spar~ty. In such cases, sa~d work on private property shall, w~th the written consent of the owner of said property,' be done and the actual cost thereof may be added to the proposed assessment of the lot on which sa~d work ~s to be done. 5. Th~s Council does hereby adopt and establish as the official grades for sa~d work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be ~n feet and decimals thereof w~th reference to the datum plane of this C~ty. 6. The descriptions of the acquisitions and improvements and the termini of the work contained ~n th~s Resolution are general ~n nature. All ~tems of work do not necessarily extend for the full length of the descr~pt}on thereof. The plans and profiles of the work and maps and descriptions as contained ~n the Engineer's Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof. 7. Said cont.emplated acquisitions and ~mprovements, ~n the op~n~on of th~s Council, are of more than local or ordinary public benefit, and the costs and e×penses thereof are made chargeable upon an assessment d~strict, the 2 exterior boundaries of which are shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map ~ndicates by a boundary line the extent of the territory included in the proposed d~strict and shall govern for all details as to the extent of the assessment d~strict. 8. This Council declares that all public streets, highways, lanes and alleys within said assessment distr~ct in use in the performance of a public function, and all lands owned by any public entity, including the Un~ted States and the State of California, or any departments thereof, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 9.' Said acquisitions and improvements are hereby referred to Lee Thompson, City Engineer of the C~ty of Dublin, as Engineer of Nork for th~s assessment district, a competent person employed by this City for the purpose hereof, and said Engineer of Nork is hereby directed to make and file with said Clerk a report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to be acquired, if any; (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution; (c) Engineer's estimate of the total costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; (d) Diagr~un showing the assessment district above referred to, and also the boundaries and d~mensions of the respective subdivisions of land within said district as the same existed at the time of the passage of th~s 3 Resolution, each of which subdivisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the cost and expenses of said acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements. Said assessment shall refer to said subdivisions by their respective numbers as asslgned pursuant to subparagraph (d) of this paragraph. When any portion or percentage of the costs and expenses of said acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the, total estimated cost and expenses of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. 10. If any excess shall be realized from the assessment it shall be used, in such amounts as this Council may determine, in accordance with the provisions of law, for one or more of the following purposes: (a) Transfer to the general fund of this City, provided that the amount of any such transfer shall not exceed the lesser of $1,O00 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvements. ll. Lee Thompson, City Engineer of the City of Dublin, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at 6500 Dublin Road, P. O. Box 2340, Dublin, California 94568, or by calling (415)829-4600. 12. To the extent that any of the work, rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this City, or of any public utility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section lOlO0) of Division 12 of the Streets and Highways Code, which agreement may provide for, among other matters, the ownership~ operation and maintenance by such agency or utility of said works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of such improvements by said agency or utility and for the providing of service to the properties in the area benefiting from said work, rights, improvements and acquisitions by such agency or utility in accordance with its rates, rules and regulations, and that such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement. 13. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at thet~ime of sale of such bonds, will be issued hereunder in the manner provided by ~he Improvement Bond Act of 1915, Division l0 of the Streets and Highways Code, the last installment of which bonds shall mature 5 not to exceed nineteen (19) years from the second day of July next succeeding ten (10) months from their date. 14. The provisions of Part ll.1 of Division l0 of the Streets and Highways Code, providing for an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply to bonds issued pursuant to paragraph 13 above. 15. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code which are on file ~n the office of said Clerk. 16. Notice is hereby given that, in the op~n~on of th~s Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the ~mprovements and therefore that, pursuant to Section 20487 of the Public Contract Code, no notice of award of contract shall be published. 18. It is hereby recognized by this Council that ~n order for certain of the properties here~n proposed to be assessed to obtain the benefits which the storm drainage facilities herein proposed to be ordered will be designed to confer (being all parcels w~th~n the boundary of the assessment distr~ct wh}ch are not adjacent to the storm drainage l~nes proposed to be constructed, as described in Exhibit "A" hereto and to be shown on the plans hereinabove ordered to be prepared), additional storm drainage lines will have to be constructed. It ~s therefore resolved, subject only to conf~rmation of the here~n proposed assessment for the here~n proposed acqu~sit}ons and i'mprovements, as follows: (a) Upon .~request of a landowner, the additional facilities necessary to provide service to said -landowner's property w~ll hereafter be constructed by the C~ty of Dublin, and all land, easements or r~ghts of way 6 necessary therefor will be acquired by g~ft, purchase, condemnation (except as to lands which the City has no power to condemn) or other appropriate method at the landowner's expense, by using, as determined by the C~ty, either landowner's cash payments, special assessment proceedings, advances by the City subject to reimbursement, any other appropriate method, or a combination thereof; and (b) The owners and occupants of the lots, tracts, p~eces and parcels of land lying within the boundaries of the assessment district shall at all times hereafter be entitled to the use and benefit of the storm drainage facilities to be acquired and constructed herein, subject to such reasonable rates, rules, regulations and charges as are now or may hereafter be estabtqshed by the City of Dublin, and that right, permission, privilege and authority are hereby given and granted to the present and future owners and occupants of the lands w~thin said assessment district to connect all storm drainage lines which may hereafter be constructed within said assessment d}strict by them or on their behalf into and with the said storm drainage facilities to be acquired and constructed herein, subject to the reasonable rates, rules and charges referred to above. 19. It is hereby recognized by this Council that in order for certain of the properties herein proposed to be assessed to oblain the benefits which the road improvements herein proposed to be ordered will be designed to confer (being all parcels within the boundary of the assessment distr~ct which are not adjacent to the road improvements proposed to be constructed, as described in Exhibit "A" hereto- and to be shown on the plans hereinabove ordered to be prepared, and which do not have access to said road improvements to be constructed either via e×isting unimproved roads and/or rights of way 7 therefor), such access must be acquired. It is therefore resolved, subject only to confirmation of the herein proposed assessment for the herein proposed acquisitions and improvements, as follows: (a) All lands, easements or rights of way necessary for such access will be acquired by condemnationlby this City (except as to lands with respect to which the City has no power to condemn) if necessary, in which event the road improvements on such acquired lands, easements or rights of way shall be constructed to applicable City standards, with the costs of acquiring such access and constructing such road improvements to be borne by the landowners benefited thereby either by such landowner's cash payments, by special assessment proceedings, advance by the City subject to reimbursement, any otherfappropriate method, or a combination thereof; and (b) The owners and occupants of the lots, tracts, pieces and parcels of land lying within the boundaries of the assessment district shall at all times hereafter be entitled to the use and benefit of the road improvements to be acquired and constructed herein, and that right, permission, privilege and authority are hereby given and granted to the present and future owners and occupants of the lands within said assessment district to connect all road improvements which may hereafter be constructed within said assessment district by them, or on their behalf, with said road improvements to be acquired and constructed in these proceedings. 20. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of Division l0 of the Streets and Highways Code of ~e State of California. I hereby certify that the foregoing resolution was duly and regularly adopted by the Council of the C~ty of Dublin, at a regular meeting thereof held on the lOt~ day of Sept~_mb~r , 1984, by the following vote, to w~t: AYES: -Counc~lmembers NOES: Councilmembers None ABSENT' Councilmembers None ~BST~YN : Coun~om~ber Vonhe~d ~Mayor~ 1143S EXHIBIT A The construction of storm drain facilities along the east property line of the combined properties and across the Scarlett Court frontage from the easterly property line to the box culvert in the middle of the Scarlett Court frontage which carries storm waters across 1-580. These facilities to be in a combination lined open channel and closed conduit, the exact design of which to be determined by the Engineer of work and reviewed by the City of Dublin and Zone 7 Flood Control and Nater Conservation District as sufficient to carry ultimate design flows (15 year storm). The acquisition of all lands, easements, facilities and rights, and the construction of all work auxiliary to any of the above and necessary to complete the same, including w~thout limitations, utility and private street relocation, engineering design and survey work and inspection services.